JAVIER vs SANDIGANBAYAN, First Division

G.R. Nos. 147016-27 September 11, 2009

Peralta, J.

PLAINTIFFS DEFENDANTS
Carolina R. Javier The First Division of the Sandiganbaya
PROCEDURAL HISTORY
* September 23, 1999: Petitioner was charged with violation of Section 3(e) of Anti-Graft and Corrupt Act (RA 3019) for malver
liquidate to the NBDB the cash advance given to (Criminal Case 25867)
*Meanwhile the Commission on Audit through Sandiganbayan charged the petitioner with Malversation of Public Funds under
advance given to her. (Criminal Case 2598)
*May 16, 2000: People filed an Urgent Ex-parte Motion to Admit Amended Information for Criminal Case No. 25898 (this was g
that the petitioner is an official with a salary grade 28.
*Petitioner filed a Motion to Quash Information for Criminal Case No. 25867: 1) Sandiganbayan has no jurisdiction as the inform
classified; 2) as SG 27 or higher; 3) that the Information did not charge her as a co-principal, accomplice or accessory to a publi
3019 because she is only a private sector representative; 5) that she does not perform public functions and is without any adm
* Petitioner filed a Motion to Quash Information for Criminal Case No. 25868, by invoking her right against double jeopardy.----

ISSUES RULINGS

Yes, the petitioner is a public officer, p

objectives of RA No. 8047 and that for
1. Whether or not the petitioner can be clasified as a public officer under the belongs to "all other national and loca
jurisdiction of the Sandiganbayan. the Compensation and Position Act of
Sandiganbayan.

No, double jeopardy under its definitio

2. Whether or not the two charges brought against her in in violation of her right two cases remain pending before the
against double jeopardy. pleaded only to one criminal case.

FACTS OF1995:
* June 7, THE Book
CASEPublishing Industry Development Act (R.A. 8047) was enacted into law. It aimed to promote development
Book Development Board (NBDB), which shall be under the Office of the President. The Governing Board of NBDB shall have 11
the Government
*February andpetitioner
26, 1996: 6 from thewas
private sectors.to the Governing Board as a private sector representative for a term of one year
apponited
*September 14,1998: petitioner was again appointed to the same position and for the same period of one year.
*September 29, 1997: petitioner was issued by the Office of the President a travel authority to attend the Madrid Internationa
was paid P139,199, as her traveling expenses.
* The petitioner was not able to attend the scheduled event.
*February 16, 1998: Resdent Auditor Rosario Martin advised the petitioner to return her cash advance considering that her trip
* Petitioner was issued a Summary of Disallowances from which the balance for settlement amounted to P220,349. However, n
* Dr. Nellie Apolonio, the Executive Director of NBDB, filed with the Ombusman a complaint against the petitioner for Malversa
history
*Commission on Audit also filed a complaint against the petitioner with Malversation of Funds under the RPC. --see procedura

DISPOSITION
* Petition is dismissed. The questioned Resolutions and Order of the Sandiganbayan are affirmed.

RATIONALE/ANALYSIS/LEGAL BASIS
*Establishment as apowers
-A perusal of the public officer
and functions of the Governing Board of the NBDB shows that they partake of the nature
-Per the definition of a public office, an individual invested wih some portion of the sovereign functions of the gov
benefit of the public
* Establishment is jurisdiction
of the a public officer.
of the Sandiganbayan
classified and are not assigned a salary grade. For purposes of the determining their rank equivalence however, the s
28.
* Issue on double jeopardy
otherwise dismissed or terminated without his consent.
-the 3rd and 4th requisite are not present
SEPARATE OPINIONS
* N/A
YAN, First Division
tember 11, 2009
J.

FENDANTS
First Division of the Sandiganbayan

d Corrupt Act (RA 3019) for malversation of public funds and properties for failure to

Malversation of Public Funds under Article 217 of the RPC for not liquidating the cash

Criminal Case No. 25898 (this was granted); amending the information in the facts

yan has no jurisdiction as the information did not allege that she is a public official
accomplice or accessory to a public officer; 4) that she is not subject under RA No.
c functions and is without any administrative or political power-- Denied
er right against double jeopardy.---- Denied

LINGS

, the petitioner is a public officer, performing public functions in pursuance of the

ectives of RA No. 8047 and that for purposes of rank equivalence the petitioner
ongs to "all other national and local officials classified as Gtade 27 and Higher under
Compensation and Position Act of 1989," thus, under the jurisdiction of the
diganbayan.

double jeopardy under its definition cannot attach to this case considering that the
o cases remain pending before the Sandiganbayan and that the petitioner had
aded only to one criminal case.

It aimed to promote development of the industry. Thus, it created the National

erning Board of NBDB shall have 11 memberd appointed by the President, 5 from
presentative for a term of one year.
period of one year.
to attend the Madrid International Book Fair in Spain. Based on her itinerary, she

h advance considering that her trip was canceled. Petitioner failed to do so.
amounted to P220,349. However, no action was taken by the petitioner.
against the petitioner for Malversation of funds and properties. --see procedural
ds under the RPC. --see procedural history

rmed.

s that they partake of the nature of public functions.

e sovereign functions of the government, to be exercised by him for the

rank equivalence however, the same ma be equated to Board Member II, SG-